Cases3300934/2025

Claimant v R National Realisations (2024) (In Administration)

2 September 2025Before Employment Judge AlliottEast of Englandon papers

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The respondent failed to comply with section 188 of TULR(C)A 1992. 20 or more employees were made redundant on 29 November 2024 without any consultation having taken place. There was a complete failure to comply with any part of the statutory requirements.

Facts

R National Realisations (2024) went into administration and made 20 or more employees redundant at its Hemel Hempstead establishment on 29 November 2024. The claimant was the elected employee representative. No consultation took place before the dismissals. The company was in administration at the time of the tribunal decision.

Decision

The tribunal found a complete failure to comply with the statutory duty to inform and consult under section 188 TULR(C)A 1992. A protective award of the maximum 90 days was made in respect of all affected employees at the establishment dismissed as redundant on or after 29 November 2024.

Practical note

Employers making collective redundancies must consult with employee representatives even when in administration, or face the maximum 90-day protective award for complete failure to comply.

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.188

Case details

Case number
3300934/2025
Decision date
2 September 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No